TERMS AND CONDITIONS OF CONTRACT
A) APPLICATION OF THESE TERMS AND CONDITIONS
1) These Terms and Conditions apply to Training Programs that are open to public enrolment and conducted by K-Infra.
2) By registering for, paying for, enrolling for, or attending a Training Program, you agree to be bound by these Terms and
3) If you complete the enrolment process for a Training Program on behalf of another person or on the basis that another person will pay the applicable course fee, you represent and warrant that you have authority to do so and that you have authority to bind that other person to these Terms and Conditions.
4) K-Infra means Knowledge Infrastructure, S.L., Calle Javier Ferrero, 10, Madrid 28002, Spain.
5) K-Infra Web Site or web site or web means k-infrastructure.com and any other web site that may be used by us to publish these Terms and Conditions, accept registrations for Training Programs, or provide training materials for Training Programs.
6) Terms and Conditions means these Terms and Conditions of Contract.
7) Training Program means a training program open to public enrolment and conducted by us.
8) you means any person (including any corporation, government agency or other body) who has registered, enrolled, agreed to pay for, or paid for a Training Program, or who attends a Training Program.
9) we and us mean K-Infra.
10) Affiliates means training organizations or consulting firms that deliver training using our materials and with our support under a license agreement.
11) Days means calendar days.
C) CAPACITY OF CONTRACT
12) The client must have and declare he/she has sufficient legal capacity as to enter into contracts as required by Spanish applicable law. The user must be over 18 for being registered on the web, or being between 16 and 18 years, depending on a parental consent, the legal custodians or being a user over the legal age. K-Infra is not responsible for the wrong use of the web by users, neither of any mistake in contents or in the information provided by the users or potential malfunctioning in accessing to information provided or intended to be provided in K-Infra Web Site.
D) REGISTERING AND ENROLLING FOR A TRAINING PROGRAM
13) To start the registration process, you must visit the relevant course page on the K-Infra Web Site and press the “register” button that will take you to the registration page (unless you are already a registered user). You must identify yourself as an institution/organization or as an individual, fill in the requested information, choose a user name and password, and press the “enrolment” button.
14) On the enrolment page, you will see the price of the Training Program and (for companies, government agencies and other institutions) will be able to select the number of people you wish to Check your data and choose the payment method. If you choose to pay by credit card, the system will take you to the online payment system. Once you execute the purchase, you will receive a confirmation message on the screen and an e-mail confirming the purchase. If you choose payment by bank transfer you should make the transfer as soon as possible and send the confirmation of the transfer as instructed on the web page.
a. The payment can also be made to an Affiliate. If this is the case, you can ignore the payment method described above and follow the specific instructions provided by the Affiliate.
15) Enrolment is individual. Except as provided in clause 22, you cannot transfer your enrolment to another person or another course.
16) We have limited places available in our Training Programs. We will confirm enrolments in the order of payment, and we reserve the right to reject enrolment requests when the Training Program is full.
17) If you need to travel to attend a Training Program, your travel and accommodation arrangements are your own responsibility. We recommend that you defer any travel and accommodation bookings until 10 days prior to the Training Program, or ensure that your bookings are fully refundable.
E) DELAY OR CANCELLATION OF TRAINING PROGRAMS
18) We reserve the right to delay and/or cancel a Training Program if the number of registrations does not meet our minimum requirement. If this occurs, we will advise you at least 10 days prior to the commencement of the Training Program and we will refund the amount paid.
F) CONDUCT DURING TRAINING PROGRAMS
19) While attending our Training Programs, you must behave in a manner appropriate for a classroom learning environment. You must not use the Training Program other than for its intended purpose and you must not behave in a way that:
- demonstrates a lack of respect for people and ideas, or for the trainer; or
- causes any risk to the health or safety of any person; or
- causes any risk of damage to property.
20) You are responsible for all items that you bring to a Training Program and you acknowledge and agree that you bring such items to a Training Program at your own risk.
21) If you sit a formal certification exam as part of a Training Program, you must comply with the requirements of the relevant certification authority in relation to that exam.
22) We may provide you with a user name and password to enable you to access training materials on the K-Infra Web Site. You must not allow any other person to use this user name or password.
G) EXCLUSION FROM A TRAINING PROGRAM
23) Even if you have registered and paid, we may exclude you from a Training Program, or from the remainder of the Training Program, if you have not complied with these Terms and Conditions.
H) USE OF K-INFRA’S WEBSITE
24) K-Infra can provide you with a username and password that allows you to access training materials through our website or our platform.
25) Online You must not allow these passwords to be used by anyone else.
26) By using the K-Infra website to enroll in a Training Program or to access materials, you also agree to the terms and conditions of use of the K-Infra website, which can be found on our website (“legal notice”).
27) By enrolling in a course or program, you will provide certain personal data to us. In this respect, your data will be duly managed and protected according to our standards for privacy protection which comply with the privacy shield framework established by the European Regulation 679/2016 (henceforth “GDPR”) on the protection of natural persons with regard to the processing of personal data and the Spanish law (“Ley Orgánica de Protección de Datos”, the “LOPD” –), the Spanish regulation related to privacy and personal data protection.
28) By proceeding with the enrolment to the course or program you are explicitly providing us your consent to use the data you have provided to us (either through our web site or by any other mean), with the limits, protections and rights provided by the Spanish law and described in our “legal notice”, which is available on our web site.
29) We are accountable for the onward transfer of data to third party service providers or agents who assist us in providing services. There may be certain courses or training programs that are developed and/or managed in collaboration with other training organizations, which are our Affiliates. You may find information about our Affiliates in our web site (https://www.k-infrastructure.com/k-infra/). Only in such cases your data may be shared with those organizations (with the respective organization / Affiliate with which we collaborate for the specific course) for the purpose of registering, paying or communicating with you during the respective course. K-Infra takes all its reasonable efforts to ensure that those organizations are in compliance with the aforementioned policies and laws. The organization / affiliate will be indicated in the respective course page of our web site.
30) Likewise, we inform you that you may exercise your rights of access, rectification, cancellation and opposition at the email address email@example.com, or by mail to Calle Javier Ferrero 10, 28002 Madrid (Spain).
31) K-Infra hereby undertakes to fulfill its obligations of confidentiality in personal data processing and its duty to protect them, and to take the safety measures required by the applicable Spanish law to prevent variation, loss, or unauthorized access, always according with the available technology.
J) INTELLECTUAL PROPERTY
32) We own the intellectual property rights in the training materials used during our Training Programs. These materials are provided solely for your personal use in undertaking the Training Program. You must not modify, transmit, distribute, reuse or use any part of the training materials for any other purpose without our prior permission.
K) PAYMENT METHODS AND INVOICING
33) While some programs and courses of K-Infra can be paid by credit card, by bank transfer or by PayPal, some others may only accept one of those methods. Upon request, we will issue an electronic invoice for the respective enrolment. Invoices will be issued using the data that you have provided in the website.
a. If you agreed to pay to an Affiliate, you can follow the specific instructions provided by them, including payment method.
34) Except as expressly provided under a different agreement by the parties,
a. the price or budget of the service and reimbursable expenses are those described in the quote/proposal;
b. the price represents the quantity to be received by K-INFRA, Lump Sum Inclusive of all Expenses, and it does not include local taxes or withholding taxes, which in case of application should be added to the budget.
c. ATO should receive the same amount of our invoice in the same currency of our invoice. Please choose option “OUR” (Sender bears all transaction fees). Any charges applied by the sending bank will be billed. We will only take care of the fees charged exclusively by our own bank (receiving bank).
d. The invoice will be calculated as described in the proposal/quote and issued for the total amount of the service after acceptance of the proposal.
e. Fees for the course(s) will be paid by before the start of the course upon presentation by us of the corresponding invoice.
L) WITHDRAWAL FROM A TRAINING PROGRAM
35) You may withdraw from a Training Program and obtain a refund of any fee paid to us provided you withdraw no more than 14 days after registering and at least 10 days prior to the commencement of the Training Program. In order to withdraw from a Training Program, you must email your user name, name, date of purchase and the title of the Training Program to firstname.lastname@example.org , and advise us in that email that you wish to withdraw. If you wish to withdraw from a Training Program more than 14 days after registering or less than 10 days prior to the commencement of the Training Program, we are not obliged to refund any training fee but you may nominate another person to attend the Training Course in your place.
M) OUR LIABILITY
36) To the maximum extent permitted by law, you agree to participate in a Training Program at your own risk. To the maximum extent permitted by law, we exclude all liability for any loss or damage howsoever arising (including by our negligence or the negligence of our employees or contractors) in relation to our Training Programs.
37) You may have certain rights under the Spanish Consumer Law (RD 1/2007), including a consumer guarantee that the Training Program will be supplied with due care and skill. To the extent we are permitted by Spanish Law or other applicable laws we limit our liability for any failure to comply to the resupply of the Training Program (or at our discretion the payment of the cost of the Training Program).
38) To the maximum extent permitted by law, we exclude all liability for any loss or damage:
- that is caused by you or results from your failure to take reasonable steps to avoid or minimize the loss or damage; or
- that is caused by events outside our reasonable control; or
- that does not arise directly or naturally from the relevant event giving rise to liability; or
- that consists of loss of profit, loss of earnings, loss of anticipated profit, loss of opportunity, loss of revenue, loss of anticipated savings, loss of data, loss of business opportunities or loss of or damage to reputation or goodwill, or any other loss that is pure economic loss; even if such loss arises directly or naturally from the event that gives rise to liability.
39) In particular, you must make your own decision as to whether you are capable of successfully completing a Training Program and passing any relevant certification exam. We are not liable for any loss or damage that you suffer due to inability or difficulty in comprehending the Training Program, the training materials or any certification exam when applicable (whether this is due to a lack of English language skill or any other reason). However, if you fail the relevant certification exam (when a course is related to a certification program) after attending at least 80% of the classes for a Training Program and achieving a mark higher than 65% in our simulation exam, you may attend a future offering of that Training Program without paying the course fee, only paying the cost of the exam.
N) INCIDENTES AND CLAIMS
40) In the event that the user wants to communicate any incident, comment or make any complaint may do so as following:
- By phone, calling at 911 288 809, from Monday to Thursday, from 9:00 to 18:00, and Fridays from 9:00 to 15:00,
- By email to email@example.com
- By ordinary mail to K-Infra, Calle Javier Ferrero 10 mail C.P. 28002, Madrid,
41) We may revise these Terms at any time in our sole discretion by posting such revised terms at the “terms and conditions” link, or elsewhere in this web. Such revised terms shall be effective to you upon posting or other notice, unless otherwise explicitly stated by us. It is your and your responsibility to be aware of any such revised terms by checking this webpage, and we advise you to do so always before any new enrolment to our courses.
P) APPLICABLE LAW AND JUSISDICTION
39) These Terms and Conditions are governed by, and must be construed according to, the laws of Spain.
40) You irrevocably submit to the non-exclusive jurisdiction of the courts of Madrid, and the courts competent to determine appeals from those courts, with respect to any proceedings which may be brought in connection these Terms and Conditions.